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The California Department of Education and California Interscholastic Federation leaders refused to sign a pledge to ban transgender athletes from competition, putting them at odds with the Trump administration.
The U.S. Department of Education’s Office for Civil Rights sent letters to both organizations on June 25 alleging they discriminated against women and girls by allowing transgender athletes to compete in sports. The letter demanded they sign the pledge within 10 days or face legal trouble.
“The CDE respectfully disagrees with OCR’s analysis and will not sign the proposed resolution agreement,” said Len Garfinkel, general counsel for the CDE, in a letter to the department Monday.
The CIF also responded, saying it agreed with the CDE’s response and would not sign the pledge.
“California has just REJECTED our resolution agreement to follow federal law and keep men out of women’s sports,” said U.S. Secretary of Education Linda McMahon on Twitter Monday. “Turns out Gov. Newsom’s acknowledgment that ‘it’s an issue of fairness’ was empty political grandstanding. @CAgovernor, you’ll be hearing from @AGPamBondi.”
Harmeet Dhillon, assistant attorney general for the Department of Justice’s Civil Rights Division, has argued that letting transgender athletes into girls sports competitions constitutes sex discrimination, violating the Equal Protection Clause of the 14th Amendment.
California state law is not in agreement with this interpretation of the federal law, according to California Superintendent of Public Instruction Tony Thurmond.
“The DOJ’s letter to school districts does not announce any new federal law, and state law on this issue has remained unchanged since 2013,” Thurmond said in a statement last month. “California state law protects all students’ access to participate in athletics in a manner that is consistent with their gender identity. We will continue to follow the law and ensure the safety of all our athletes.”